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Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)
....t Act and Ext. 6 is that notice. It was held that such notice is a valid notice. Next, the learned Judges considered the contention of the defendant that the plaintiffs did not take delivery of the goods within 5 days from the landing of the ship, the defendant No.3 had no liability in the matter ....... Lawyers Involved: Mozammel Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the appellant. A.R. Yousuf, Advocate instructed by Syed Sakhawat Ali, Advocate-on-record - For the Respondent No.2. M. Hafizullah, Advocate, instructed by A. Baset Majumder, Advoc......nstruction of the sections may not necessarily be taken as approved. In the result therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 364...Category: Civil Law | Date: | Hits: 112
Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
....this appeal is allowed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......olved: A.W. Bhuiyan, Additional Attorney-General, instructed by Zinnur Ahmed, Advocate-on-Record - For the Appellant. Rafiqur Rahman, Senior Advocate instructed by Sirajur Rahman, Advocate-on-record - For the Respondent. Civil Appeal No.111 of 1982. (From the judgment and order dated ......ed the suit for declaration that the order of compulsory retirement of the plaintiff vide Notification No.1417-PH dated 5.6.59 are illegal, ultra vires, void and further the plaintiff is still in service under the Government. 3. The suit was decreed by the Trial Court. The view was taken that..Category: Employment/Service Law | Date: | Hits: 196
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
.... in the facts and circumstances of the case. 5. The suit was for a declaration of the tenancy right and for recovery of possession in respect of the suit premises and for compensation for costs of goods and for damage. As it has been noticed that the land belonged originally to the defendants 4-7....... Lawyers Involved: Khondker Mahbubuddin Ahmed, Sr. Advocate (Mahbubey Alam, Advocate with him) instructed by B. Hossain, Advocate-on-Record - For the appellant. Miah A. Gafur, Advocate-on-record - For the respondent No.1. Civil Appeal No.57 of 1982. (From the judgment and decree da......d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ..Category: Property Law | Date: | Hits: 99
....ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
......Tenancy Act, 1949 for pre-emption of the auction sale on 24-10-1973 in Certificate Case No.408 of 1967-1968 held by the Certificate Officer, Chittagong, for arrear rent dues from H.E. Percival, the recorded tenant, transferring land of P.S Plot No.108 of P.S Khatian No.14. The respondents claimed ......cellaneous Case No.89 of 1972-73 (under Chapter XV of the State Acquisition and Tenancy Act) sufficiently showed that amalgamation and consolidation of holdings of H.E. Percival was made after, the service of notice on all the parties concerned as per provisions of the State Acquisition and Tenanc..
Category: Property Law | Date: | Hits: 128
Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
.... ago the petitioner donated the CI sheets for the use of the mosque. Those CI sheets were meant for distribution amongst the natural disaster affected people or organizations as Government relief goods. But the petitioner, who as a public representative was entrusted with those CI sheets, donate...... criminal breach of trust, criminal misconduct etc. 3. On the basis of that First Information Repot Hazaribag Police Station Case No.19 dated 26-3-2007 under sections 420/409 of the Penal Code was recorded against the petitioner. An Assistant Director of Anti-Corruption Commission investigated ......se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214...Category: Criminal Law | Date: | Hits: 230
Sayeed Ahmed Chowdhury and others Vs. SM Zahidul Islam (Zahid) & another, 2011, 40 CLC (HCD)
....eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ...... was paid Taka 1,38,176/- as salary of 1 month. In such situation the complainant filed the instant criminal case under section 307 of the Bangladesh Labour Act. On examination of the complainant and recording his initial statement the learned Labour Court took cognizance of the case. 3. The ac......inistration) Human Resources Division of said VF Asia Ltd. having office at Road No.82, Holding No.10/1, Gulshan-2. PS, Gulshan, Dhaka. In the complaint petition the complainant stated that he joined service in the establishment of VF Asia Ltd. on 01-11-1992 in the post Quality Controller, that his ..Category: Labour and Industrial Law | Date: | Hits: 201
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ......hat several lawyers and outsiders (without naming any of them) broke the glasses of the doors and windows of the Building and damaged the files as well as the cars parked outside. The same has been recorded in Shahbagh Police Station at Shahbagh PS Case No.28 dated 30-11-2006 under sections 143/14......gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ..Category: Criminal Law | Date: | Hits: 132
Carew and Company (Bangladesh) Limited Vs. Chairman Labour Court and others, 1998, 27 CLC (HCD)
....t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ......costs. The petitioner directed to implement the judgment of the Labour Court without further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ...... agreement being promoted to the post of office assistants or equivalents and thus became entitled to get the scale. Giving benefit to some and denying the same to others under the same agreement and service condition, is not only illegal but also offends fundamental rights of the respondents guaran..Category: Labour and Industrial Law | Date: | Hits: 281
MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
....nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390.......ing aggrieved by the aforesaid impugned order dated 1-4-1995 contained in Annexure –I to the petition, the petitioner filed this application and obtained the present Rule. 3. It appears from the record that the petitioner joined service in the then East Pakistan Water & Power Development Bo......no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts for disposal of this Rule are that the petitioner, after joining in the service of Bangladesh Water Development Board, was promoted to the post of Upper Division Assistant ..Category: Employment/Service Law | Date: | Hits: 184
..... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
......legience to Bangladesh. He also submitted the voter list of the area to show that the name of the petition and other members of his family appear in the list as voters. All these facts and Government records clearly indicate that he is a citizen of Bangladesh. But it appears the learned Court of Set......d Advocate for the petitioners.
Writ Petition No.781 of 1994.
10. In Writ Petition No.781 of 1994 the case of the petitioner is as follows:
The petitioner who was born in Bihar, India was in service of the then British India as a fireman. After partition on 14-8-47 he migrated to the then E..
Category: Property Law | Date: | Hits: 150
Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ...... has given details showing the seniority of the officers at page 9 of this petition. It is further stated that in spite of his seniority and better qualification, the gallantry awards and meritorious records of service, Lt-General Abu Saleh Muhammad Nasim (Retd.), the respondent No.3 was promoted to......977 with the rank of Brigadier and was Chairman of the Governing Body of the Bangladesh Cadet Colleges. 4. The petitioner while holding the post of Major General having been promoted on 8-8-80 his service was placed at the disposal of the Ministry of Foreign Affairs for appointment as Ambassador ..Category: Employment/Service Law | Date: | Hits: 244
Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)
....administration, he is not required to go further and sit on judgment on the decision of the Government. We have held that, prima facie, such a decision at the highest level of government supplies a good ground for according consent to withdraw a criminal case." 14. None of the aforesaid decisio......bmitted by police against the appellant and several others. When the Martial Law was lifted the case was sent to the Court of Session, Barisal and the learned Sessions Judge on receipt of the case records, started Sessions Cass No.3 of 1981 against the appellant and 14 others. 4. Thereafter on......beration Struggle (Indemnity) Order, 1973. Relevant Article 3 of the said order is quoted below: "3. A public prosecutor shall, upon the Government certifying that a case against any person in the service of the Republic or against any other person for or on account of or in respect of any act do..Category: Criminal Law | Date: | Hits: 82
A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
....he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......e appeal is allowed. Case Referred to- Mahboob Ahmed Vs. The State, PLD 1963 (WP) Karachi 692. Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-record - For the Appellant. B. Hossain, Advocate-on-record - For the respondent No.1. Ozair Fa......he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324...Category: Criminal Law | Date: | Hits: 81
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
.... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ...... Das while supporting the case of the objector stated that the will was not a genuine one. 5. The learned Additional District Judge after considering the evidence of the witnesses and materials on record found that the will was not a genuine document as neither its execution nor its attestation w...... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ..Category: Property Law | Date: | Hits: 80
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
.... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310.......al and Company, AIR 1938 Lahore 95; R. Vs. Judge of Essax County Court, (1887) 18 Q.B.D. 704. Lawyers Involved: M.H. Khondker, Senior Advocate instructed by Mr. Md. Aftab Hossain, Advocate-on-record -For the Appellant. Rafiqur Rahman, Sr. Advocate, instructed by Serajur Rahman, Advocate-o...... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310...Category: Property Law | Date: | Hits: 113
National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)
....xure‑B". 3. After the registration of the design the petitioner introduced the same in their fans and spent a large amount of money for making it popular, and as a result, it acquired tremendous goodwill and this resulted in an increase in the sale of their fans. It is the petitioner's case tha......ent of the petitioner's design and the slight difference it has from the petitioner's design cannot be the basis for claiming the novelty and originality of a design. 22. We are convinced from the record that the petitioner's design has been registered earlier and that the difference between the ......ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437...Category: Intellectual Property Law | Date: | Hits: 192
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434....... of the order of status quo passed by the trial Court. In support of his contention he relies on the decisions reported in 31 DLR (AD) 319, 35 DLR 25 and AIR 1933 (Bom) 118. 5. On a perusal of the record it appears that the defendant‑opposite parties filed the miscellaneous appeal on 28-11‑......n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434...Category: Civil Law | Date: | Hits: 93
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....aintiff Bank accordingly opened a Letter of Credit No. P/2/1 ERS/504 dated 19-8-82 for US 132500 in favour of M/s. Molan Sang SP (W/K) Ltd. and sanctioned import permit loan for Taka 5,85,000.00. The goods arrived at Chittagong Port in two consignments. The plaintiff requested the defendant to relea......il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ......il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ..Category: Civil Law | Date: | Hits: 121
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
..... The appellant has explained that he fell ill on 3 April 1983 and because of urgency of the matter, he addressed the telegram to the Deputy Registrar praying for an adjournment and that he did it in good faith, particularly when the Deputy Registrar is an Executive Officer entrusted with the duty t...... stated in the judgment are quite adequate to understand the issues involved. 3. To commit someone for contempt of Court and punish him for it, if found guilty, is the inherent power of a Court of record. The Supreme Court of Bangladesh is such a Court. The power is, no doubt, extra-ordinary. T......fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290...Category: Criminal Law | Date: | Hits: 116
....of the Constitution.
In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ......of the Constitution.
In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ...... Constitution, refusing to interfere with an order made by the Labour Court, Chittagong under section 34 of the Industrial Relations Ordinance, 1969, reinstating an employee of Appellant No.1 whose service was terminated under section 19 (1) of the Employment of Labour (Standing Order) Act, 1965.
..
Category: Labour and Industrial Law | Date: | Hits: 167
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